This End-User License Agreement ("EULA") is a legal agreement between you and MicroWorld Software Services Pvt. Ltd. ("LICENSOR"), that you (either an individual or a single entity) have signed for the program (MWAV - MicroWorld Antivirus Toolkit Utility). For using this Program, you agree to be bound by the terms of this EULA. This EULA supersedes any prior proposal, representation, or understanding between the parties, other than any written agreement executed by both of the parties so far, which shall supercede this license agreement.
The above mentioned PROGRAM is licensed and not sold to you by MicroWorld for use only under the following terms. MicroWorld reserves any rights not expressly granted to you. You own the media on which the program is submitted, but MicroWorld retains ownership of all the copies of the program itself. You acknowledge and agree that the Program and all portions thereof are proprietary products of the Licensor protected by international copyright laws and treaties, as well as other intellectual property laws and treaties. All rights, title and interest in and to the Program including associated intellectual property rights, are and shall remain with the licensor. This license agreement does not convey to you an interest in or to the program, but only a limited right of use, revocable in accordance with the terms of this License Agreement.
1. GRANT OF LICENSE: MicroWorld grants you a nonexclusive license to use the above mentioned Program only as authorized in this License agreement:
a. This Program is licensed by SEAT.
b. A "seat" means a single machine. The number of seats for which you are licensed shall be as designated on the applicable License Certificate for the Program or will be equal to the number of license keys of the Program purchased. If the number of seats is not so designated, the number of seats shall be deemed to be one (1).
c. The Program may be used only at the location(s) specified on the applicable invoice (each, a "Location") or the license may be used on the "first" seat on which the Program is installed. If you intend to use the Program on multiple machines, you need to buy a license for every machine on which you intend to use the Program.
d. Upon loading the Program onto a UserÆs computer, that computer becomes a licensed seat. A licensed seat may not be transferred from one system to another for the purpose of circumventing licensed seat limits.
2. COPYRIGHT: All title and copyrights in and to the Program and its portions are owned by MicroWorld Software Services Pvt. Ltd. Therefore, you must treat this Program like any other copyrighted material except that upon loading the Program onto a computer, you may make one copy of the Program solely for the purpose of backup. This backup shall include Licensor's copyright and other proprietary notices. Except as authorized through this paragraph, no copies of the PROGRAM or any portions thereof may be made by you or any person under your authority or control.
3. RESTRICTIONS
a. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.
b. You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of or create derivative works of the Program.
4. LICENSE FEE: The license fee paid by you is for the license granted under this License Agreement. Such fee is not refundable in the event that the license granted herein is terminated as provided for herein.
5. LICENSE PERIOD: This License Agreement becomes effective upon the use of the program, along with the license key and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to the Licensor. The Licensor may terminate this License Agreement, and this License Agreement shall be deemed automatically terminated, upon the breach of any term hereof by you. Upon such termination by the Licensor, you agree to return the Program and all copies and portions thereof and extracts there from to the Licensor.
6. LIMITED WARRANTY ON MEDIA: The Licensor warrants the media on which the program is recorded to be free from defects in materials and faulty workmanship under normal use for a period of seven (7) days from the date of delivery. Any implied warranties of merchantability and fitness for a particular purpose are limited to 7 days only from the date of delivery. MicroWorld will, at its option, replace the media or refund the purchase price of the media. MicroWorld shall have no responsibility to replace or refund the purchase price of a media damaged by accident, abuse or misapplication.
7. DISCLAIMER OF WARRANTY ON PROGRAM: THE PROGRAM IS PROVIDED æAS ISÆ WITHOUT WARRANTY OF ANY KIND. MICROWORLD EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MICROWORLD DOES NOT GUARANTEE THE PROGRAM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS IMPLIED ON YOU.
8. COMPLETE STATEMENT OF WARRANTY: THE LIMITED WARRANTIES PROVIDED IN THE PRECEDING PARAGRAPHS ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY THE LICENSOR ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE OR DEALER OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE, COUNTRY TO COUNTRY. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement.
9. LIMITATION OF LIABILITY: Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement and/or the Program, whether arising in contract, tort or otherwise, shall not exceed the license fee paid to the Licensor for the use of the Program. In no event shall the Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, lost business or lost data, even if the Licensor has been advised of the possibility of such damages.
10. TRADEMARKS: MWAV, MailScan, eScan, XSpam, eTraq and eConceal are trademarks of the Licensor. "Windows", "Windows NT", and/or other Microsoft products are trademarks of Microsoft Corporation. Kaspersky and AVP are trademarks of Kaspersky Labs Ltd. All other trademarks are owned by respective owners of the software. No right, license, or interest to such trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
11. GOVERNING LAW: Disputes related to this License Agreement shall be dealt within the jurisdiction of the country, where the Program has been developed, and governed by the laws of that country.
12. Controlling Terms. In the event of a conflict between your printed License Agreement and the terms of any License Agreement contained in the Program, the terms of the License Agreement available electronically in the PROGRAM shall control. In the event of a conflict between the English version and the non-English versions of this license agreement, the English version of this license agreement shall prevail.
Once you have accepted the terms of this license, this agreement would not be asked for again and any subsequent execution of the software will work assuming that you have accepted the terms stipulated in this agreement.
